Citation Nr: 1029985
Decision Date: 08/11/10 Archive Date: 08/24/10
DOCKET NO. 09-10 386 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Winston-Salem,
North Carolina
THE ISSUE
Entitlement to service connection for an acquired psychiatric
disorder, to include posttraumatic stress disorder (PTSD).
ATTORNEY FOR THE BOARD
Devon Rembert-Carroll, Law Clerk
INTRODUCTION
The Veteran had active service from September 1965 to June 1967
and from June 1971 to September 1993.
This matter comes before the Board of Veterans' Appeals (BVA or
Board) on appeal from a May 2008 rating decision of a Department
of Veterans Affairs (VA) Regional Office (RO) that denied the
Veteran's claim for service connection for PTSD.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the Veteran if
further action is required.
REMAND
A review of the record discloses a need for further development
prior to final appellate review. The Board notes that 38 CFR §
3.304(f)(3) regarding claims of entitlement to service connection
for PTSD was recently amended to relax the evidentiary standard
for establishing the required in-service stressor in certain
cases.
The primary result of the amendment is the elimination of the
requirement for corroborating evidence of the claimed in-service
stressor if it is related to the Veteran's "fear of hostile
military or terrorist activity." The new regulatory provision
requires that: (1) a VA psychiatrist or psychologist, or
contract equivalent, must confirm that the claimed stressor is
adequate to support a diagnosis of PTSD; (2) the claimed stressor
is consistent with the places, types, and circumstances of the
Veteran's service; and (3) the Veteran's symptoms must be
medically related to the claimed stressor by a VA psychiatrist or
psychologist, or contract equivalent.
A recent VBA fast letter advised that if the review of an
application for benefits discloses a compensation claim for PTSD
and the Veteran's DD-Form 214 verifies service in a location that
would involve 'hostile military or terrorist activity' as
evidenced by such awards as an Iraq Campaign Medal, Afghanistan
Campaign Medal, or Vietnam Service Medal, this evidence would be
sufficient to schedule the Veteran for a VA psychiatric
examination. See VBA Fast Letter 10-05 (Jul. 16, 2010).
In this case, the Veteran's DD-214 reveals that the Veteran was
awarded the Vietnam Service Medal; and the Veteran has indicated
that his stressors are related to his time in Vietnam.
Specifically, he reports that while stationed at Tuy Hoa, he
worked as an armorer and his job consisted of taking care of all
the weapons in his unit and going on frequent guard duty. The
Veteran states that he was afraid for his life because he had to
be constantly on alert for any enemy activity directed toward him
or his base. The Veteran reports that during his tour of duty,
his base came under enemy attack. He also reported witnessing an
airplane burn after the nose of the aircraft collapsed on the
airfield. The Veteran reports that this incident frightened him
because he thought the plane was hit by incoming enemy fire.
The Veteran was diagnosed with PTSD by a private doctor in
October 2007 after he complained that he had nightmares and
frequent flashbacks about the in-service airplane incident.
However, to date there is no evidence that a VA, or VA
contracted, psychiatrist or psychologist has evaluated the
Veteran.
The Veteran's claim was denied because evidence corroborating the
Veteran's reported stressors had not been received. However,
given the recent amendments to 38 CFR § 3.304(f)(3) that have
eased the stressor requirements, and given the fact that the
Veteran's stressors are related to a fear of hostile military
activity, the Board concludes that a VA examination is warranted.
Accordingly, the case is REMANDED for the following action:
1. Determine if the new criteria under 38
CFR § 3.304(f)(3) apply to the Veteran's
claimed in-service stressor.
If so, the Veteran should be afforded a VA
examination with a psychiatrist or
psychologist. The Veteran's claims file
should be provided. The examiner is
requested to offer comment and an opinion
as to the following questions:
A) Is the Veteran's claimed stressor
adequate to support a diagnosis of
PTSD pursuant to the DSM-IV?
B) Are the Veteran's psychiatric
symptoms related to the claimed in-
service stressor?
A complete rationale should be provided for
any opinion expressed.
2. Then readjudicate the appeal. If the
claims remain denied, provide the Veteran
and his representative with a supplemental
statement of the case and allow an
appropriate time for response.
The Veteran has the right to submit additional evidence and
argument on the matter the Board has remanded. Kutscherousky v.
West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals for
Veterans Claims for additional development or other appropriate
action must be handled in an expeditious manner. See 38 U.S.C.A.
§§ 5109B, 7112 (West Supp. 2007).
_________________________________________________
MATTHEW W. BLACKWELDER
Acting Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a decision
of the Board on the merits of your appeal. 38 C.F.R.
§ 20.1100(b) (2009).